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Government Employee Pensions May Now Be Fair Game for Cuts During Bankruptcy Restructuring

On Tuesday, December 2, 2013, Judge Steven Rhodes of the Eastern District of Michigan ruled that the City of Detroit, which filed for Chapter 9 bankruptcy protection in the U.S. Bankruptcy Court on July 18, 2013, met the…more

Chapter 9, Municipal Bankruptcy, Municipalities, Pensions, Public Employees

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Keep Your Eye On the Ball: Begin 2014 With a Renewed Effort at Compliance

While most of the financial world has been focused on the new CFPB mortgage rules that went into effect on January 10, the Bureau has continued its enforcement activities in other areas. On January 16, 2013, the CFPB announced…more

CFPB, Chief Compliance Officers, Client Referrals, Compliance, Enforcement

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Hospitalitas Newsletter - Spring 2014

In This Issue: - Your Grandmother Doesn’t Work for Free: Volunteer and Intern Positions Under Closer Scrutiny - Excessive Celebration – Penalty Declined - Four Crisis Management Lessons from the…more

Class Action, Crisis Management, DOL, FLSA, Fourth Amendment

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Power Company Plans to Capture Carbon Dioxide Emissions to Sell for Enhanced Oil Recovery

Cost overruns at a controversial coal-gasification plant under construction in Kemper County, Mississippi apparently have cost the CEO of Mississippi Power Company his job. Ed Day recently resigned and has been replaced by G…more

Carbon Capture and Sequestration, CEOs, Coal, Coal-Gasification, Greenhouse Gas Emissions

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Man Convicted of Forcing Foreign Nurses to Work in U.S. Nursing Homes

A Colorado businessman was convicted last month by a federal jury in Denver on 89 counts including mail fraud, visa fraud, human trafficking and money laundering…more

Criminal Prosecution, Fraud, Human Trafficking, Mail Fraud, Money Laundering

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The Fifth Circuit Recognizes Impact of Subsequent In Rem Action on Forum Non Conveniens Analysis

The ever-changing Fifth Circuit jurisprudence on forum non conveniens (FNC) may have taken another turn with the Fifth Circuit’s opinion in Cotemar S.A. De C.V. v. Hornbeck Offshore Servs., L.L.C., 13-20230, 2014 WL 2111190 (5th…more

Dismissals, Forum, Forum Non Conveniens, In Rem Jurisdiction, Jurisdiction

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When the Minimum is Not Enough: Eleventh Circuit Rules that Lenders May Require Borrowers to Obtain More than the Minimum Flood Insurance

The United States Court of Appeals for the Eleventh Circuit recently resolved a district court split regarding minimum flood insurance coverage by holding that a lender may require a borrower who has a federally-insured mortgage…more

Corporate Counsel, FEMA, FHA, Flood Insurance, Government-Guaranteed Loans

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Weigh In with Comments on CMS Proposed Rule for Medicare IRP by June 28

The Centers for Medicare and Medicaid Services (CMS) issued a proposed rule entitled "Medicare Program; Requirements for the Medicare Incentive Reward Program and Provider Enrollment" on April 29, 2013. This proposed rule,…more

CMS, Medicare, Proposed Regulation, Public Comment, ZPIC

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Managing Regulatory Risk in Nursing Home-Hospice Arrangements

Challenges of Nursing Home-Hospice Arrangements. As a nursing home resident's life expectation sunsets, transfer of the resident from the restorative care of a skilled nursing facility (SNF) to the palliative care of a hospice…more

Hospice, Nursing Homes

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Challenging the Denial of a Trademark Application in District Court Just Got More Expensive

In Shammas v. Focarino, the Eastern District of Virginia holds that an applicant must pay the government attorney's fees regardless of the applicant's success in a Section 1071(b) civil matter. …more

Applications, Attorney's Fees, Litigation Fees & Costs, Trademark Litigation, Trademark Trial and Appeal Board

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Spotlight on Mississippi: Supreme Court Rules on Combined Group Member Tax Credits

The Mississippi Supreme Court has ruled against the Mississippi Department of Revenue (Department) in its appeal of a 2012 decision by the Harrison County Chancery Court in favor of Isle of Capri Casinos, Inc. (Isle of…more

Department of Revenue, State Taxes, Tax Credits

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Florida Law on Assignment of Rents Provisions

A recent bankruptcy decision from a New Jersey Bankruptcy Court (In re Surma, 504 B.R. 770 (Bankr. D.N.J. 2014)) has once again drawn attention to the effect assignment of rents provisions in mortgages can have, depending on…more

Assignment of Rent Clauses, Bankruptcy Code, Consumer Bankruptcy, Mortgages

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Women's Initiative Newsletter - Issue 3, 2014

The Baker Donelson Women’s Initiative is pleased to present the latest issue of our newsletter. Our Newsletter Chairs, Jennifer Keller and Amy Mahone, have done a fantastic job and I know that you will find it useful and…more

Career Development, Client Services, Professional Development, Professional Networking, Women in the Law

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Employers Have Homework: EEO-1 Reports Due September 30TH

Across the country, kids are headed back to school. However, they are not the only ones who have homework to turn in. Employers also have an assignment to complete. Specifically, EEO-1 reports must be filed and certified by…more

EEO-1, EEOC, Reporting Requirements

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Case Study of a CFPB Enforcement Action: In re JPMorgan Chase Bank, N.A.; and Chase Bank USA, N.A.

The Consumer Financial Protection Bureau (CFPB) brought an enforcement action against JPMorgan Chase Bank, N.A. and Chase Bank USA, N.A. (collectively, the Bank), pursuant to 12 U.S.C. §§ 5563 and 5565 with regard to their…more

Audits, CFPB, Chase Bank, Civil Monetary Penalty, False Billing

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Bill Introduced to Curtail the Stark Law's In-Office Ancillary Services Exception

On August 1, Rep. Jackie Speier (D-CA) introduced H.R. 2914, the Promoting Integrity in Medicare Act. The legislation would provide that the Stark Law's in-office ancillary services (IOAS) exception is not available for…more

CMS, Healthcare, HHS, Medical Devices, Medical Expenses

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New HUD Guidance for Long Term Care Industry

On April 25, 2014, HUD issued a new Mortgagee Letter (Mortgagee Letter 2014-06) that implements revised policies with respect to master leases and portfolios for HUD-insured financing of long term care facilities. This letter…more

Commercial Leases, Financing, HUD, Leases, Long Term Care Facilities

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Women's Initiative Newsletter - Issue 2, 2014

The Baker Donelson Women’s Initiative is pleased to present the latest issue of our newsletter. Our Newsletter Chairs, Jennifer Keller and Amy Mahone, have done a fantastic job and I know that you will find it useful and…more

See All Updates »

Student Loans: The Next CFPB Target?

There is approximately $1 trillion in total outstanding student loan debt in the United States, according to the Consumer Finance Protection Bureau. With the large amount of student loan debt nationwide as well as on a…more

CFPB, Student Loans

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Supreme Court Finds NLRB Recess Appointments Invalid

In a highly anticipated decision, NLRB v. Noel Canning, the U.S. Supreme Court unanimously held yesterday that three of President Obama's recess appointments to the National Labor Relations Board (NLRB) were invalid because they…more

Canning v NLRB, NLRB, NRLA, Recess Appointments, SCOTUS

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Sex Discrimination Back on the EEOC's Radar

Sex discrimination charges may be on the rise in the coming months, if the EEOC has its way. In a recent interview with Law 360, U.S. Equal Employment Opportunity Commissioner Chai Feldblum expressed disbelief regarding the lack…more

Corporate Counsel, EEOC, Employer Liability Issues, Employer Mandates, Employment Policies

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Unsexy, Unglamorous Legal Needs Deserve More Pro Bono Attention

During the time I have been managing Baker Donelson's pro bono programs, I've been impressed and gratified to see lawyers and bar associations and groups across the country step up en masse to tackle some very important legal…more

Access To Justice, Law Practice Management, Pro Bono, Young Lawyers

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Sixth Circuit Issues Shocking Opinion Against ERISA Insurer, Dramatically Changes The ERISA Landscape

In what can only be described as a shocking opinion, the Sixth Circuit Court of Appeals issued a 2-1 decision affirming a lower court's award of $3.8 million dollars in disgorged profits to a former president of Arthur J…more

Attorney's Fees, Disability, Disability Benefits, Disability Discrimination, Disgorgement

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August Fracking Roundup

Various news sources are reporting on a coming “re-fracking” boom targeting older, low- or non-producing wells that may benefit from enhanced oilfield recovery techniques. For example, Reuters is reporting that the fast pace of…more

Energy, Fracking, Oil & Gas

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Who is Reading Your Mail? The Florida Condominium Termination Trap

Crowded dockets, understaffed courts, increased foreclosure times, mandatory mediation, trial mortgage modifications, last-minute bankruptcy petitions and litigation tactics, which in far too many instances fell somewhere…more

Condominiums, Foreclosure, Lienholders, Liens, Mortgages

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NLRB General Counsel Office: McDonald's, USA, LLC and Its Franchisees Are Joint Employers

The National Labor Relations Board Office of Public Affairs announced on July 29, 2014 that the General Counsel of the National Labor Relations Board has authorized complaints against McDonalds, USA, LLC (McDonald's) and various…more

Employer Liability Issues, Franchises, Franchisors, Joint Employers, McDonalds

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Supreme Court to Rule on Controversial Right of Rescission Timeline for Mortgages

The Supreme Court agreed this month to resolve a stark divide in the United State Courts of Appeals regarding the time bar for residential mortgage borrowers to file suits related to mortgage loan rescissions under the Truth in…more

CFPB, Dodd-Frank, Jesinoski v Countrywide, Mortgages, Rescission

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CMS Proposes Adoption of Updated Life Safety Code

Wednesday morning, the Centers for Medicare & Medicaid Services (CMS) issued a proposed rule regarding adopting the 2012 edition of the Life Safety Code (LSC). CMS states the updated code contains new provisions that are vital…more

CMS, Healthcare, Healthcare Facilities, Healthcare Professionals, Medicaid

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Don't Miss the Deadline to File EEO-1 Reports!

September 30 is the deadline to file the EEO-1 Report, formally known as the Employer Information Report EEO-1. The Reports are filed with the EEOC’s EEO-1 Joint Reporting Committee, and they are used, according to the EEOC, to…more

EEO-1, Employer Liability Issues, Filing Deadlines, Filing Requirements

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Update on Covenants Not to Compete

Covenants not to compete can be valuable for an employer. But, as in many areas of employment law, non-compete law is always changing. Below are some issues for employers to consider, as well as some recent court developments…more

Employer Liability Issues, Non-Compete Agreements, Restrictive Covenants

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Lender Involved Condemnation Part 2: Lender Concerns in Condemnation

This is the second installment in a series of articles related to lender-involved condemnations. The first installment provided a basic discussion of eminent domain and condemnation principles…more

Condemnation, Eminent Domain, Lenders, Risk Management, Takings

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CFPB Demonstrates its Broad Scope

While it has only just begun its third year, the CFPB has already left its mark with a series of recent enforcement actions. Below are four examples of how the CFPB has wielded the broad scope of its mandate…more

Bonuses, Capital One, CFPB, Debt-Relief Industry, Enforcement Actions

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NLRB Takes Aim at Non-Union Employers

The National Labor Relations Board (NLRB) recently handed down a series of decisions that challenged the fundamental tenet of the employee-employer relationship: at-will employment. This new affront came on the heels of a…more

At-Will Employment, Confidentiality, Internal Investigations, NLRA, NLRB

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Reviewing Courts' Approaches to State or Local Control of Hydraulic Fracturing

While many debates over hydraulic fracturing continue throughout the oil and gas industry, a growing number of state courts are addressing the "home rule" argument, or in this case, whether local governments within the state…more

Fracking, Home Rule States, Municipalities, Oil & Gas, Popular

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North Carolina Legislators Look to Criminalize Disclosure of Fracking Fluids

As many states and the federal government look towards calling for greater disclosure and regulation of the chemicals used in hydraulic fracturing, state senators in North Carolina appear to be pushing against the tide in…more

Chemicals, Disclosure Requirements, Energy, Environmental Liability, Fracking

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Women's Initiative Newsletter - Issue 3, 2014

The Baker Donelson Women’s Initiative is pleased to present the latest issue of our newsletter. Our Newsletter Chairs, Jennifer Keller and Amy Mahone, have done a fantastic job and I know that you will find it useful and…more

Career Development, Client Services, Professional Development, Professional Networking, Women in the Law

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Texas Supreme Court Reinforces that Subcontractors May be Liable to Property Owners

On August 22, 2014, the Texas Supreme Court ruled that both the trial court and the court of appeals improperly dismissed a property owner's claim for negligence against a subcontractor for improper plumbing installation in…more

Breach of Duty, Contractors, Duty of Care, Negligence, Property Owners

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New York and Colorado Confirm Local Governments' Rights to Ban Fracking

On Monday, June 30, the highest courts in both New York and Colorado confirmed local municipalities' rights to regulate land use within their jurisdictions. The New York State Court of Appeals upheld two towns' bans on shale gas…more

Fracking, Fracking Bans, Natural Gas, Oil & Gas, Shale Gas

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Delaware Data Destruction Law Highlights the Necessity of Data Destruction Plans

The list of states requiring the disposal or destruction of personal data is growing, and companies need to respond accordingly by adopting data destruction plans. Delaware recently became the latest in a series of states to…more

Data Collection, Data Destruction, Data Retention, New Legislation, Personally Identifiable Information

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Mississippi's New Construction Lien Law

On Friday, April 11, 2014, Governor Bryant signed Senate Bill 2622 and thus made that bill the new construction lien law, effective immediately, applicable to public, private and residential construction works in Mississippi. We…more

Construction Disputes, Construction Liens

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FTC Ordered to Testify Regarding Data Security Standards in LabMD Dispute

The Federal Trade Commission (FTC) has suffered a significant setback in its ongoing dispute with LabMD, a now-closed medical laboratory that the FTC charged with failing to adopt reasonable data security practices that resulted…more

Data Breach, Data Protection, Electronic Medical Records, Enforcement Actions, FTC

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Sin of Omission: Ninth Circuit Splits with the Fifth, Finds That Failure to Include Addendum No. 2 Creates Ambiguity in Marine Builder's Risk Policy

In a marine builder's risk policy coverage dispute decided under Washington state law, the United States Court of Appeals for the Ninth Circuit reversed and remanded a grant of summary judgment for Underwriters…more

Commercial General Liability Policies, Reversal, Summary Judgment, Underwriting, Vessels

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ESOPs: The Tax Law Provides a Buyer for Your Business

As baby boomer business owners begin to retire, many will want to monetize the value they have created in their businesses. An employee stock ownership plan (ESOP) is one alternative. The ESOP alternative, authorized by the…more

401k, C-Corporation, ESOP, IRC, Retirement Plan

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Governor Jindal Signs Bill Aimed at Ending Suit by Levee Board

On June 6, 2014, by signing into law SB 469, Louisiana Governor Bobby Jindal took an aggressive step towards stymieing the lawsuit recently filed by the Southeast Louisiana Flood Protection Authority-East against 97 oil and gas…more

New Legislation, Oil & Gas, Utilities Sector

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Women's Initiative Newsletter - Issue 3, 2014

The Baker Donelson Women’s Initiative is pleased to present the latest issue of our newsletter. Our Newsletter Chairs, Jennifer Keller and Amy Mahone, have done a fantastic job and I know that you will find it useful and…more

Career Development, Client Services, Professional Development, Professional Networking, Women in the Law

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EEOC Provides Clarification on Use of Criminal History Information in Hiring Decisions

What are the requirements for employers that use criminal history information in making employment decisions? Are employers required to take on the onerous task of individually assessing applicants to ensure that they do not…more

Ban the Box, Criminal Background Checks, Criminal Records, EEOC, Employer Liability Issues

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HHS: Providers May Be Able to Subsidize Premiums For Uninsured in Marketplace Plans

An announcement October 30 from Health and Human Services Secretary Kathleen Sebelius could remove the first hurdle for providers wishing to offer premium support for individuals eligible for health insurance on the Health…more

Affordable Care Act, Anti-Kickback Statute, Health Insurance, Health Insurance Exchanges, Healthcare

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Women's Initiative Newsletter - Issue 3, 2014

The Baker Donelson Women’s Initiative is pleased to present the latest issue of our newsletter. Our Newsletter Chairs, Jennifer Keller and Amy Mahone, have done a fantastic job and I know that you will find it useful and…more

Career Development, Client Services, Professional Development, Professional Networking, Women in the Law

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Bills and Cases and Executive Orders, Oh my! Following the Road to LGBT Equal Protection

This summer has been hot in temperature, but also in topics especially when it comes to balancing equal protection with sincerely held religious beliefs. A recent bill, Supreme Court decision, and Executive Order each show just…more

ENDA, Equal Protection, Executive Orders, Federal Contractors, Gender Identity

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Volcker Rule Restricts Banks' Activities with Hedge Funds and Private Funds

On December 10, 2013, the Federal Reserve Board of Governors, the Federal Deposit Insurance Corporation, the Office of Comptroller of the Currency, the Securities and Exchange Commission and the Commodity Futures Trading…more

Banks, Dodd-Frank, Hedge Funds, Private Funds, Volcker Rule

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Who's Who in the CFPB: Key Players in the New Agency

Richard Cordray became the first Director of the CFPB over the summer when President Obama named him to the post through a controversial recess appointment. This came after the Senate blocked Cordray's nomination in 2011…more

CFPB, Political Appointments, Richard Cordray

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Women's Initiative Newsletter - Issue 3, 2014

The Baker Donelson Women’s Initiative is pleased to present the latest issue of our newsletter. Our Newsletter Chairs, Jennifer Keller and Amy Mahone, have done a fantastic job and I know that you will find it useful and…more

Career Development, Client Services, Professional Development, Professional Networking, Women in the Law

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Fracking Revenue Offsets Education Costs

Many colleges across the country are now looking directly to oil and gas as a source of much needed revenue for education. With cut-backs to state budgets, many states are strongly considering whether to allow hydraulic…more

Engineering, Fracking, Oil & Gas, Students

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Keeping the Benefit of Your Bargain: Strengthening Your Right to Prepayment Premiums

Anyone involved in commercial lending transactions is familiar with provisions of loan agreements that provide for compensation to the lender in the event the indebtedness is paid in advance of the contemplated due date. These…more

Commercial Bankruptcy, Commercial Leases

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CMBS Pre-negotiation Agreements

Pre-negotiation agreements ("PNA’s") are contractual arrangements in which a lender and a distressed borrower agree to negotiate the terms of a potential workout or settlement. The primary purpose of a PNA is to foster an open,…more

Borrowers, CMBS, Lenders, Loan Agreements, Pre-Negotiation Agreements

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E-Verify to Lock Theft-ridden SSNs: We Should All Worry

E-Verify, a semi-voluntary online program by which employers can confirm the identity and work authorization of workers as they are hired, is being programmed to "lock out" social security numbers (SSNs) that have been…more

E-Verify, Immigrants, Social Security Numbers, Tentative Nonconfirmation, USCIS

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Social Media: Friend or Foe?

Social media can be a powerful tool for employers when facing litigation, but it can also expose employers to liability when used to make employment decisions, especially when it comes to hiring new employees. For example,…more

ADEA, Discrimination, Employer Liability Issues, Social Media, Title VII

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Employment Reform Legislation Passes Tennessee Legislature

On April 16, 2014, the Tennessee General Assembly, at the urging of Baker Donelson, passed significant employment litigation reform that will benefit employers throughout Tennessee. The bill places caps on compensatory damages,…more

Damages, Employer Liability Issues, Non-Pecuniary Losses, Pain and Suffering

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China Amps Up Anti-Corruption Effort – What This Means for Your Company

Last Friday, China’s 15-month-long bribery investigation into British multinational pharmaceutical GlaksoSmithKline (GSK) ended after a one-day trial in which the court found GSK’s local subsidiary guilty of bribing doctors and…more

Anti-Corruption, Bribery, China, Compliance, Corruption

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Heard At The Country Music Hall Of Fame: CFPB Director Performs In Nashville

Among the displays offering tribute to Reba and The Man in Black, Richard Cordray and some of his fans at the CFPB held a public hearing at the Country Music Hall of Fame in Nashville on March 25, 2014. Rather than the typical…more

Banking Sector, CFPB, Choke Point, Payday Loans

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Was Asbestos Used in Your Drilling Mud Program?

With the bankruptcy of dozens of traditional defendants in asbestos litigation, plaintiffs' attorneys have been creative in pursuing claims in previously untapped areas. One such area is alleged oilfield worker exposure via…more

Asbestos, Asbestos Litigation, Chemicals, Hazardous Substances, Oil & Gas

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New HUD Guidance for Long Term Care Industry

On April 25, 2014, HUD issued a new Mortgagee Letter (Mortgagee Letter 2014-06) that implements revised policies with respect to master leases and portfolios for HUD-insured financing of long term care facilities. This letter…more

Commercial Leases, Financing, HUD, Leases, Long Term Care Facilities

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Why Take a Deed in Lieu of Foreclosure? Why Not?

So you're headed for receivership and foreclosure, when the borrower rep or your counsel asks, "What about a deed in lieu?" "I don't know," you think. "Getting a receiver appointed and foreclosing is what I'm most familiar…more

Deed of Trust, Foreclosure, Mortgages

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Women's Initiative Newsletter - Issue 2, 2014

The Baker Donelson Women’s Initiative is pleased to present the latest issue of our newsletter. Our Newsletter Chairs, Jennifer Keller and Amy Mahone, have done a fantastic job and I know that you will find it useful and…more

See All Updates »

Women's Initiative Newsletter - Issue 2, 2014

The Baker Donelson Women’s Initiative is pleased to present the latest issue of our newsletter. Our Newsletter Chairs, Jennifer Keller and Amy Mahone, have done a fantastic job and I know that you will find it useful and…more

See All Updates »

Summary of Senate Bill 2622 - Mississippi's Construction Lien Law

This is the first in a series of alerts exploring how this new law will affect your business. Look for more information regarding this law in the coming weeks. The bill has passed out of conference but it must be enrolled and…more

Construction Liens, Materialman's Lien

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Top 10 Recommendations to Avoid Litigation

Nursing homes and assisted living facilities have been targeted by plaintiff's attorneys who advertise heavily in an effort to solicit plaintiffs for malpractice suits…more

Medical Liability

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Two Recent Cases May Indicate Expansion of the NLRB’s Position Regarding Organizing Activity

In June, the National Labor Relations Board (NLRB) ruled that Starbucks violated labor law by firing a worker, union supporter Joseph Agins, who used profanity in front of customers. In 2010, the NLRB found that Starbucks…more

Employee Rights, Employer Liability Issues, NLRA, NLRB, Starbucks

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To the Woodshed: Self-Defense, Defense of Others and Retaliatory Discharge

The workplace can be very tumultuous. Employees working in close quarters inevitably have disagreements, and some employees prove themselves to be disagreeable troublemakers. Workplace bullying is considered by some to be such a…more

Adverse Employment Action, Appeals, At-Will Employment, Bullying, Employer Liability Issues

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Spotlight on Bankruptcy: Basic Bankruptcy for Mortgage Litigators

Mortgage litigators often face a variety of bankruptcy issues. There are three main chapters of bankruptcy that affect the average mortgage litigator: Chapter 7, Chapter 13 and Chapter 11. Upon the filing of Chapter 7, Chapter…more

Automatic Stay, Consumer Bankruptcy, Mortgages

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Service Contractor's Bid Protest Blocked by Lack of LEED Experience

The lack of LEED experience cost an incumbent service contractor the ability to protest the award of a federal contract to its rival, according to an opinion released on April 22, 2014 by the United States Court of Federal…more

Bid Protests, Bids, Contractors, LEED Certified, LEED Rules

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Enforcing Civility in the Workplace is a Potentially Risky Proposition, According to the NLRB

Does your employee handbook discourage negative comments or encourage positive behavior? Such provisions are likely unlawful, according to the National Labor Relations Board (NLRB). For example, consider the case of Hills and…more

Employee Rights, Employer Liability Issues, NLRA, NLRB

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Proposed Data Reporting Rule Issued

If you are looking for some light reading these last few weeks of summer, you might want to take a look at the recently released proposed rule regarding changes to the Home Mortgage Disclosure Act (HMDA) also known as Regulation…more

Ability-to-Repay, Banking Sector, Banks, CFPB, Data Collection

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Long Term Care Providers Take Note: The Top Five Employment Law Mistakes to Avoid

Americans love top ten lists. In that love-for-lists spirit, and in an effort to be informative, we list below the top five employment law mistakes that long term care employers need to avoid. 1. Implementing a No-Fault…more

ADA, Compliance, Disability, Disability Discrimination, Employer Liability Issues

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Foreclosure Notice Which States that Servicer has Authority to Amend or Modify the Loan May Not Satisfy Georgia Law

Eight months ago, we sent a client alert when the Georgia Supreme Court released its opinion responding to questions certified by the U.S. District Court for the Northern District of Georgia in You v. J.P. Morgan Chase Bank,…more

Banking Sector, Foreclosure, Mortgage Servicers

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When Can Twelve Turn into Twenty-Four? Calculation of FMLA Leave for Vessel-Based Employees

The Family and Medical Leave Act (“FMLA”) ensures an employee the ability to take leave and return to work within twelve “workweeks” of a qualifying event. Employers that do not honor the protections of the FMLA risk a lawsuit…more

DOL, Employee Rights, Employer Liability Issues, Enforcement Actions, FMLA

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OSHA Update: A Tale of Two Proposed OSHA Regulations

Back in February, we mentioned that public comments were being accepted on OSHA's proposed rule that would require employers with more than 250 employees to electronically report to OSHA their OSHA 300 (the injury and illness…more

Compliance, OSHA, Recordkeeping Requirements, Reporting Requirements, Workplace Injury

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Fifth Circuit Protects Franchisors, For Now

In the wake of the National Labor Relations Board General Counsel’s announcement that he intends to pursue unfair labor practice charges against a franchisor, franchisors are on high alert. With the NLRB considering an upheaval…more

Employee Rights, Franchises, Franchisors, Joint Employers, McDonalds

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A NLRB Decision Employers Will Not "Like"

On August 22, 2014, the National Labor Relations Board ("NLRB") issued a 3-member panel, unanimous decision that the termination of two employees because of their Facebook activity violated the National Labor Relations Act. The…more

Employer Liability Issues, Facebook, Hiring & Firing, NLRA, NLRB

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Guns At Work In Tennessee: What Can Be Banned, What Can Probably Be Banned, And What Is Left

The Tennessee legislature's recent enactment of what has been widely named the "Guns in the Trunk" statute, codified at Tennessee Code Annotated § 39-17-1313, has sparked debate across the state about the statute's impact on an…more

At-Will Employment, Concealed Carry Permit, Firearms, Guns-in-Trunks Legislation, Hiring & Firing

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CFPB Continues Grassroots Methods to Obtain Complaints from Borrowers

In mid-January of this year, Richard Cordray addressed mayors from around the country and explained the many ways that the CFPB is making it easier for disgruntled borrowers to lodge consumer complaints through the CFPB. At the…more

CFPB, Mortgages, Richard Cordray

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To Hell With “Oh, Hell, Why Not” – The Fifth Circuit en banc Reverses Estis v. McBride Well Service, L.L.C.

In a much anticipated ruling, the Fifth Circuit en banc has reversed the original panel ruling in Estis v. McBride Well Service, L.L.C., 731 F.3d 505 (5th Cir. 2013), which sent shockwaves through the maritime bar and industry…more

En Banc Review, Jones Act, Punitive Damages

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President Obama Signs Executive Order Establishing Minimum Wage for Federal Contractors

On February 12, 2014, President Obama signed an Executive Order establishing a minimum wage for federal contractors. The Executive Order states that its purpose is to "increase efficiency and cost savings in the work performed…more

Executive Orders, Federal Contractors, Minimum Wage

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Is Forum Shopping for Equal Rights on the Horizon?

Race discrimination claims brought by members of the racial majority have long been recognized as legitimate claims under Title VII of the Civil Rights Act of 1964 (Title VII) and various state discrimination laws. However,…more

Civil Rights Act, Forum Selection Clause, Forum Shopping, Racial Discrimination, Title VII

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Spotlight on Tennessee: 2014 Tax and Related Legislation

During the 108th General Assembly 2014 Session, the Tennessee Legislature considered several tax and related initiatives before adjourning in late April. Although the number of proposed tax and related initiatives this session…more

Department of Revenue, Sales & Use Tax, SALT, State Taxes, Tax Refunds

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End Around ENDA?

For several years, lesbian, gay, bisexual and transgender (LGBT) rights groups have been lobbying Congress to pass the Employment Nondiscrimination Act (ENDA), which would prohibit sexual orientation and gender identity…more

Barack Obama, Burwell v Hobby Lobby, Discrimination, ENDA, Hobby Lobby

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Surcharges in Bankruptcy - A Risk You Can Plan For?

The Bankruptcy Code is a balancing act with each section promoting one or more of three competing principles: the protection of a secured creditor's property rights, equitable and equal distribution to unsecured creditors or the…more

Bankrtupcy Surcharges, Equitable Distribution, Rule 506 Offerings, Secured Creditors

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Tennessee Unemployment Reform: Still a Boon for Business

Nearly two years ago, on May 9, 2012, Tennessee's Unemployment Insurance Accountability Act (the Act) was signed into law by Governor Bill Haslam. Before 2012, claimants who were terminated for "misconduct" were disqualified…more

Unemployment, Unemployment Benefits, Unemployment Reform

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HHS Issues Guidance on Permitted Remuneration for Prescription Refill Reminders in the Absence of Patient Authorization

On September 19, the Health and Human Services Department (HHS) issued guidance on the effect of the January 25, 2013 Final Rule provision about remuneration related to prescription refill reminders and medication adherence…more

Compliance, HHS, HIPAA, HIPAA Omnibus Rule, Refill Reminders

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New Risks for Payday Lenders Under Dodd-Frank

The Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) imposes sweeping regulations on nearly all aspects of consumer lending. In addition to establishing these new rules, Dodd-Frank also created the Consumer…more

CFPB, Compliance, Creditors, Dodd-Frank, Payday Loans

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Georgia Supreme Court Rules Construction Defects Satisfy CGL Policy's 'Occurrence' Requirement

Homeowners sued their homebuilder alleging that the concrete foundations of their homes were improperly constructed. As a result, it was alleged that the foundations were failing, and the defects in the foundations had caused…more

Commercial General Liability Policies, Construction Defects, Occurrence, Property Damage

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OFCCP Issues Notice That Revises Pay Reporting Requirements for Federal Contractors

As part of President Obama's initiative to improve the working life of American families, the Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) has issued a Notice of Proposed Rulemaking that enhances…more

Contractors, DOL, EEO, EEO-1, EEOC

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State Attorneys General Bringing Actions Under Dodd-Frank

As the CFPB celebrates its three-year anniversary, the current trend appears to be lawsuits brought by state attorneys general or state regulators pursuant to their authority under Dodd-Frank Section 1042. Under Section 1042, a…more

Attorney Generals, Automotive Loans, CFPB, Credit Reporting Agencies, Dodd-Frank

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Playing Zone(-ing) Defense

ZONE(-ING) DEFENSE --- With March Madness in full swing, now is a great time to review how local zoning ordinances can turn a mortgage servicer’s foreclosure layup into a blocked shot. Many U.S. states rely on a judicial process…more

Foreclosure, Local Ordinance, Mortgages

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Are eClosings for Residential Loans the Future?

Noting that the residential mortgage origination process is often "fraught with anxiety" for consumers, CFPB Director Richard Cordray announced an upcoming pilot project that would assess how electronic closings could streamline…more

CFPB, Closing Documents, Mortgages

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Effective July 1, 2014: New Tennessee Laws

New Tennessee laws took effect on July 1, 2014, including changes to the workers' compensation system, caps on damages in suits under the State's statutory employment discrimination laws, and protections for employers hiring or…more

Background Checks, Criminal Background Checks, Damage Caps, Discrimination, Employer Liability Issues

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Builder Beware! Does Your Project Infringe Someone’s Copyright?

On Friday, November 8, 2013, the United States Circuit Court of Appeals for the Fifth Circuit, which comprises Texas, Louisiana, and Mississippi, affirmed a $3.2 million damages award for copyright infringement in favor of Kipp…more

Architects, Construction Disputes, Copyright, Copyright Infringement, Infringement

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Redskins Trademarks Cancelled - Found Disparaging to Native Americans (Again)

On June 18, 2014, in Amanda Blackhorse et al. v. Pro-Football, Inc., Cancellation No. 92046185 (TTAB 6/18/2014), the Trademark Trial and Appeals Board (TTAB) cancelled six trademark registrations issued between 1967 and 1990 for…more

Blackhorse v Pro-Football, Disparagement, Football, Laches, Native American Issues

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The New China and Your Company's Intellectual Property

The Chinese economy has changed dramatically in the past two, five, and even 20 years, but its intellectual property (IP) laws have only very recently developed to somewhat better deal with the new reality. The new Chinese…more

China, Corporate Counsel, Gray Market Goods, Intellectual Property Litigation, State-Owned Enterprises

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Mississippi Supreme Court Upholds the Net Operating Income Method for Determining True Value of Affordable Housing

In a much anticipated decision, on October 17, 2013, the Mississippi Supreme Court upheld the Income Approach to Valuation of Affordable Housing, which is a significant victory for affordable housing developers and the larger…more

Affordable Housing, Appraisal, Subsidies, Valuation

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Alabama Legislative Update – Sine Die – The 2014 Legislative Session Ends

The Alabama Legislature adjourned sine die on Thursday, April 3, 2014 at 7:30 p.m. In previous years, sessions have ended just minutes before midnight on the 30th legislative day. This year was different. As soon as both…more

Ethics, Fraud, Legislative Agendas, Lobbying

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When the Minimum is Not Enough: Eleventh Circuit Rules that Lenders May Require Borrowers to Obtain More than the Minimum Flood Insurance

The United States Court of Appeals for the Eleventh Circuit recently resolved a district court split regarding minimum flood insurance coverage by holding that a lender may require a borrower who has a federally-insured mortgage…more

Corporate Counsel, FEMA, FHA, Flood Insurance, Government-Guaranteed Loans

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Bill Introduced to Curtail the Stark Law's In-Office Ancillary Services Exception

On August 1, Rep. Jackie Speier (D-CA) introduced H.R. 2914, the Promoting Integrity in Medicare Act. The legislation would provide that the Stark Law's in-office ancillary services (IOAS) exception is not available for…more

CMS, Healthcare, HHS, Medical Devices, Medical Expenses

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Georgia Supreme Court Rules Construction Defects Satisfy CGL Policy's 'Occurrence' Requirement

Homeowners sued their homebuilder alleging that the concrete foundations of their homes were improperly constructed. As a result, it was alleged that the foundations were failing, and the defects in the foundations had caused…more

Commercial General Liability Policies, Construction Defects, Occurrence, Property Damage

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Texas Jury Awards $3 Million in Hydraulic Fracturing Lawsuit

A jury in Dallas County, Texas, awarded nearly $3 million on April 22, 2014, in a suit contending that Aruba Petroleum, Inc., as well as other operators and service providers, had caused “environmental contamination and…more

Aruba Petroleum, Environmental Crimes, Fracking, Jury Awards

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Spotlight on Louisiana Tax Amnesty: Better to Ask for Forgiveness?

For a two-month period beginning on September 23, 2013 and ending on November 22, 2013, eligible Louisiana taxpayers may apply to wipe the slate clean with the Louisiana Department of Revenue (Department) by voluntarily paying…more

Department of Revenue, Income Taxes, Interest Rates, Tax Amnesty

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No Refunds: Supreme Court Settles Circuit Split over Severance Payment Taxation

In its ruling on United States v. Quality Stores, Inc., No. 12-1408 (U.S. Mar. 25, 2014), the United States Supreme Court put to rest a decade-old battle over whether severance payments made to employees are taxable as wages…more

Employee Benefits, FICA Taxes, Hiring & Firing, Medicare Taxes, Quality Stores

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HUD Issues New Handbook for Long Term Care Financing Under Section 232

On May 22, 2014, HUD published a new Handbook covering its Section 232 Healthcare Insurance Mortgage Program, which insures HUD-approved lenders against financial loss from mortgage loan defaults in loans to qualifying long term…more

Healthcare, HUD, Long Term Care Facilities, Long-Term Care, Mortgages

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Summary of Senate Bill 2622 - Mississippi's Construction Lien Law

This is the first in a series of alerts exploring how this new law will affect your business. Look for more information regarding this law in the coming weeks. The bill has passed out of conference but it must be enrolled and…more

Construction Liens, Materialman's Lien

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New TILA Section Expands Disclosure Requirements

The Truth in Lending Act (TILA) is a consumer protection statute that imposes mandatory disclosure requirements on creditors who extend consumer credit to borrowers. Brodo v. Bankers Trust Co., 847 F. Supp. 353 (D. Penn E.D…more

Borrowers, Creditors, Disclosure Requirements, Mortgage Loan Servicing Standards, Regulation Z

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Treasury Secretary Testifies about CMBS Markets and Dodd Frank

On May 21, 2013, Treasury Secretary Jack Lew in his role as Chairman of the Financial Stability Oversight Council ("FSOC") testified before the House Financial Services Committee. In its annual report, the FSOC stated that "the…more

Annual Reports, CMBS, Dodd-Frank, FSOC, U.S. Treasury

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Spotlight on Alabama: Retailers Will be Subject to Sales Tax Because of Deliveries into Local Jurisdictions

For many years, retailers subject to Alabama's sales tax have correctly avoided collecting sales taxes for those Alabama cities and counties where the retailer is not located but where the retailer nevertheless makes deliveries…more

Nexus, Retailers, Sales & Use Tax

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Recent, Significant Changes in Florida's Law of Foreclosure

On June 7, 2013, Florida Governor Rick Scott signed into law House Bill 87, now known as Chapter 2013-137, which provides for substantial changes in mortgage foreclosures filed in Florida…more

Consumer Bankruptcy, Foreclosure, Mortgages, New Legislation

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Class Action Fairness Act (CAFA) is Challenged Before the U.S. Supreme Court

A significant protection afforded by the 2005 Class Action Fairness Act (CAFA) is being challenged before the U.S. Supreme Court in State of Mississippi ex rel Jim Hood, Attorney General v. AU Optronics Corp, et al., No…more

CAFA, Class Action, Federal Jurisdiction, SCOTUS

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Georgia Supreme Court Rules Construction Defects Satisfy CGL Policy's 'Occurrence' Requirement

Homeowners sued their homebuilder alleging that the concrete foundations of their homes were improperly constructed. As a result, it was alleged that the foundations were failing, and the defects in the foundations had caused…more

Commercial General Liability Policies, Construction Defects, Occurrence, Property Damage

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Spotlight on Mississippi: Domestic Asset Protection Trust Legislation

Mississippi recently became the 16th state to pass legislation permitting the creation of domestic asset protection trusts. The new law was effective July 1, 2014. Under the new Mississippi Act, a domestic asset…more

Trusts

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Patent Protection for Isolated Genetic Sequences Upheld in Australia

Last year in AMP v Myriad Genetics, the U.S. Supreme Court concluded that isolated, naturally occuring DNA are not patent eligible, which caused considerable consternation in the biotech community. However, this does not appear…more

AMP v Myriad, Australia, BRCA, DNA, Genetic Materials

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AAPL To Release New Operating Agreement Form

The American Association of Professional Landmen (AAPL) anticipates the release of the newest Operating Agreement format specifically related to horizontal drilling. Beginning in 1956 the AAPL has promulgated a standard format…more

Oil & Gas, Operating Agreements

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Supreme Court Puts Raging Bull Copyright Back in the Ring

This month, the U.S. Supreme Court in Petrella v. Metro-Goldwyn-Mayer, Inc. revived copyright infringement claims based on the motion picture Raging Bull, and in the process may have killed the "discovery rule" for when a…more

Copyright, Copyright Infringement, MGM, Petrella v. MGM, Raging Bull

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Tennessee Proposes Fracturing Practices for Oil and Gas Wells

The Tennessee Department of Environment and Conservation's (TEDC) proposed rules regarding fracturing practices for oil and gas wells have received approval by the Joint Government Operation Committee in the Tennessee General…more

Fracking, Oil & Gas

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Sparta to Memphis: Bruce McMullen Shares His Path to Success

Bruce McMullen is a shareholder in Baker Donelson's Memphis office and focuses his practice in health care law and commercial litigation. Over the years, Bruce has built a successful career, earning an AV® Preeminent™ Peer…more

Career Development

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RESPA Amendment Changes Rules, Deadlines Regarding Errors Communications

In July of 2010, the Real Estate Settlement Procedures Act (RESPA) was amended by Congress to reduce the time period from twenty days to five days for a servicer to acknowledge receipt of a qualified written request, and from…more

CFPB, Mortgage Servicers, Mortgages, New Amendments, Notice Requirements

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Women's Initiative Newsletter - Issue 2, 2014

The Baker Donelson Women’s Initiative is pleased to present the latest issue of our newsletter. Our Newsletter Chairs, Jennifer Keller and Amy Mahone, have done a fantastic job and I know that you will find it useful and…more

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“Materially Less”: The Foreclosure Deficiency Standard in Tennessee

Like many other states, Tennessee allows a creditor who has conducted a foreclosure sale of real property secured by a deed of trust or mortgage to recover "a deficiency judgment in an amount sufficient to satisfy fully the…more

Debt, Deficiency Judgments, Foreclosure, Mortgages

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Texas City Council Rejects Fracking Ban

On July 16, 2014, the City Council of Denton, Texas rejected an ordinance that would prohibit hydraulic fracturing. The initiative will now be considered by the Denton residents in the November election. Earlier this year, the…more

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Alabama Legislative Update – Sine Die – The 2014 Legislative Session Ends

The Alabama Legislature adjourned sine die on Thursday, April 3, 2014 at 7:30 p.m. In previous years, sessions have ended just minutes before midnight on the 30th legislative day. This year was different. As soon as both…more

Ethics, Fraud, Legislative Agendas, Lobbying

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11th Circuit Affirms No Indemnity for a Subcontractor's Deceased Employee Under Employee Exclusion Contained in General Contractor's Commercial General Liability Insurance Policy

On April 24, 2014, the United States Court of Appeals for the 11th Circuit issued an opinion affirming summary judgment deny a claim by the estate of a subcontractor's employee against a general contractor's commercial general…more

Commercial General Liability Policies, General Contractors, Indemnification, Subcontractors, Wrongful Death

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Five Things to Consider When Expanding in a Global Market

More and more oil and gas companies, based in the United States or elsewhere, are considering a venture into foreign waters (or land). Following is a list of just a few issues that could impact expansion efforts. …more

Compliance, FCPA, Foreign Currency, Fraud, Oil & Gas

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Delaware Data Destruction Law Highlights the Necessity of Data Destruction Plans

The list of states requiring the disposal or destruction of personal data is growing, and companies need to respond accordingly by adopting data destruction plans. Delaware recently became the latest in a series of states to…more

Data Collection, Data Destruction, Data Retention, New Legislation, Personally Identifiable Information

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Mitigating Successor Liability in Long Term Care Acquisitions

As in any business acquisition, purchasers in the long term care industry can encounter potential liability due to employment claims, seller violations of representations and warranties under the purchase agreement, tort…more

Long-Term Care, Succession Planning, Successor Liability

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Georgia Legislature Clarifies Service of Process Statute for Georgia Domestic and Foreign Corporations Doing Business in Georgia

On July 1, 2013, clarifying changes to Georgia’s Civil Practice Act went into effect regarding how a plaintiff can accomplish service of civil process against a Georgia corporation, as well as foreign corporations doing business…more

Foreign Corporations, New Legislation, Service of Process

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On My Bookshelf: Flash Boys

In the spring of 2007, Brad Katsuyama, a successful New York banker at the Royal Bank of Canada (RBC), thought something was wrong with his computer. He was trying to buy 10,000 shares of Intel, offered at $22. But the moment he…more

Flash Boys, High Frequency Trading, SEC, Wall Street

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Employers of Home Care Workers to Begin Paying Overtime in January 2015

The United States Department of Labor issued a final rule, extending the protections of the Fair Labor Standards Act (FLSA) to home health care workers who provide care for the sick, disabled or elderly, otherwise known as…more

Caregivers, Employee Rights, FLSA, Unpaid Overtime, Wage and Hour

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City Spotlight: New Orleans

The New Orleans Women's Initiative kicked off "Women on Wednesdays," a series of four events to address strategies for better living. The first event on April 30 featured a dynamic panel discussion, moderated by Baker Donelson…more

Women's Initiative

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U.S. Supreme Court Bartlett Decision in Favor of Generic Drug Manufacturers

In a 5-4 decision, the United States Supreme Court held that state law design defect claims against manufacturers of generic pharmaceuticals are preempted by federal law when the claim hinges on the adequacy of the drug's…more

Design Defects, Drug Manufacturers, Generic Drugs, Pharmaceutical, Preemption

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Summary of Senate Bill 2622 - Mississippi's Construction Lien Law

This is the first in a series of alerts exploring how this new law will affect your business. Look for more information regarding this law in the coming weeks. The bill has passed out of conference but it must be enrolled and…more

Construction Liens, Materialman's Lien

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Bifurcated Note Implementation - Looking Beyond Traditional Risk Metrics to Prevent Borrower Windfall

In the world of large loan modifications, servicers and borrowers have turned frequently in recent years to the A/B Note structure in situations where the collateral financed by a loan is valued at less than the outstanding…more

Borrowers, Loan Modifications, Loans, Risk Management

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DOL Update on Qualifying Reasons for Leave Fact Sheet

On Friday, August 9, 2013, the Department of Labor (DOL) updated its Fact Sheet on Qualifying Reasons for Leave under the Family and Medical Leave Act (FMLA)…more

DOL, DOMA, FMLA, Marriage, Paid Leave

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A Not-So-Happy Valentine's Day for UAW and Its Continued Efforts to Feel the Love

On February 14, 2014, the results of a NLRB-conducted unionization vote by Volkswagen workers at the Chattanooga, Tennessee, plant were released. Plant workers voted 712-626 against representation by the United Auto Workers…more

Automotive Industry, NLRA, NLRB, Unions

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Force Majeure Clauses: Protecting Against the Unforeseeable

Force majeure clauses are a very important, but often overlooked, provision in all contracts, and are particularly important in construction and supply contracts. Whether a force majeure clause is included in a contract, and the…more

Construction Contracts, Force Majeure Clause

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Supreme Court Affirms Computerizing Fundamental Economic Practice Too Abstract To Be Patentable

The U.S. Supreme Court yesterday in Alice Corporation Pty. Ltd v. CLS Bank International unanimously continued its recent trend of finding certain patent claims too abstract to be patentable. The patents in question contained…more

Alice Corporation, CLS Bank, CLS Bank v Alice Corp, Mayo v. Prometheus, Patent Litigation

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Hospitalitas Newsletter - Spring 2014

In This Issue: - Your Grandmother Doesn’t Work for Free: Volunteer and Intern Positions Under Closer Scrutiny - Excessive Celebration – Penalty Declined - Four Crisis Management Lessons from the…more

Class Action, Crisis Management, DOL, FLSA, Fourth Amendment

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NLRB General Counsel Office: McDonald's, USA, LLC and Its Franchisees Are Joint Employers

The National Labor Relations Board Office of Public Affairs announced on July 29, 2014 that the General Counsel of the National Labor Relations Board has authorized complaints against McDonalds, USA, LLC (McDonald's) and various…more

Employer Liability Issues, Franchises, Franchisors, Joint Employers, McDonalds

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Get Your Ducks in a Row: Thoughts on Foreclosure of Securitized Debt in Alabama

Alabama remains one of the simplest jurisdictions in the country for commercial foreclosure. Nevertheless, foreclosure in Alabama can quickly become expensive if a lender does not carefully follow the letter of the law and…more

Debt, Foreclosure, Securitization

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Women's Initiative Newsletter - Issue 2, 2014

The Baker Donelson Women’s Initiative is pleased to present the latest issue of our newsletter. Our Newsletter Chairs, Jennifer Keller and Amy Mahone, have done a fantastic job and I know that you will find it useful and…more

See All Updates »

Key Operating & Equipment, Inc. v. Hegar Case Study

On June 20, 2014, the Texas Supreme Court held that an oil and gas production company, Key Operating & Equipment, Inc. (“Key”), had the right of access on an adjacent tract of land that is part of a pooled drilling unit. Key…more

Oil & Gas, Right of Access, Well Drilling

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Cordray's House Testimony Signals Areas of CFPB Focus

On June 18, 2014, CFPB Director Richard Cordray appeared before the House Financial Services Committee to testify about his agency's fifth Semi-Annual Report. As in past hearings, Cordray and House Republicans clashed over the…more

CFPB, Congressional Investigations & Hearings, Discrimination, Enforcement, Financial Services Committee

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Q & A: ICANN's Global Trademark Clearinghouse

The Internet Corporation for Assigned Names and Numbers (ICANN), the body tasked with coordinating and preserving global Internet stability, is embarking on its largest expansion ever of the domain name system. Last week, on…more

Domain Names, gTLD, ICANN, Registration, Trademark Clearinghouse

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HHS: Providers May Be Able to Subsidize Premiums For Uninsured in Marketplace Plans

An announcement October 30 from Health and Human Services Secretary Kathleen Sebelius could remove the first hurdle for providers wishing to offer premium support for individuals eligible for health insurance on the Health…more

Affordable Care Act, Anti-Kickback Statute, Health Insurance, Health Insurance Exchanges, Healthcare

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Supreme Court Rulings Help Defendants in Patent Infringement Suits

The U.S. Supreme Court issued decisions in two major patent infringement cases today, overturning Federal Circuit Court of Appeals rulings on the standards for proving patent vagueness and induced infringement. Summaries of each…more

Limelight, Limelight Networks, Nautilus Inc. v. Biosig Instruments, Patent Infringement, Patent Litigation

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Hydraulic Fracturing Continues to Produce More Legislation and Oversight

As U.S. oil and gas production has dramatically increased due to the more frequent use of hydraulic fracturing and horizontal drilling to release tight oil and gas, new state legislation and rules around oil and gas drilling…more

Energy, Fracking, Natural Gas, Oil & Gas

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Community Health Systems' HIPAA Breach: Significant Lessons for Health Care and Non-Health Care Companies

On August 18, 2014, Community Health Systems, Inc. (CHS) publicly confirmed, in a filing with the Securities and Exchange Commission (CHS filing), that its computer network was attacked between April and June 2014 by hackers…more

China, Corporate Counsel, Cyber Attacks, Data Breach, Data Protection

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Georgia Supreme Court Rules Construction Defects Satisfy CGL Policy's 'Occurrence' Requirement

Homeowners sued their homebuilder alleging that the concrete foundations of their homes were improperly constructed. As a result, it was alleged that the foundations were failing, and the defects in the foundations had caused…more

Commercial General Liability Policies, Construction Defects, Occurrence, Property Damage

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Four Tips for Responding to a Civil Investigative Demand: A Report from the Trenches

Simply being served with a Civil Investigative Demand (CID) means enormous financial strain and reputational risk for some companies. On top of that, in this heightened regulatory environment, federal agencies seem to be trying…more

Attorney-Client Privilege, CID, Data Retention, Document Productions, Enforcement Actions

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7 Intellectual Property Mistakes Startup Entrepreneurs Often Make

What’s the biggest mistake startup entrepreneurs make with respect to their intellectual property, and what can they do to fix it? That’s the question we recently put to IP attorneys writing on JD Supra, knowing that the…more

Business Formation, Copyright, First-to-File, Legal Perspectives, Patents

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Top 10 Recommendations to Avoid Litigation

Nursing homes and assisted living facilities have been targeted by plaintiff's attorneys who advertise heavily in an effort to solicit plaintiffs for malpractice suits…more

Medical Liability

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New Texas Law Hopes to Eliminate the Barriers to Recycling Fracking Wastewater

Following a unanimous vote of approval in both the House and Senate and signature of Governor Rick Perry, House Bill 2767 will go into effect in Texas on September 1, 2013…more

Drilling Waste Disposal, Fracking, Oil & Gas, Wastewater

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Lender Liability for Assessments in Florida

Foreclosing lenders in Florida frequently take title to properties that are subject to homeowners' and condominium association assessments. Just as frequently, the newly-titled lender is presented with a bill from the…more

Condominium Associations, Condominiums, Foreclosure, Homeowners' Association

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Spotlight on Tennessee: 2014 Tax and Related Legislation

During the 108th General Assembly 2014 Session, the Tennessee Legislature considered several tax and related initiatives before adjourning in late April. Although the number of proposed tax and related initiatives this session…more

Department of Revenue, Sales & Use Tax, SALT, State Taxes, Tax Refunds

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Sixth Circuit Reminds Employers of Notice Requirement Under the FMLA

The United States Court of Appeals for the Sixth Circuit recently upheld a ruling that FedEx interfered with a former employee's rights under the Family and Medical Leave Act (FMLA) by failing to give her adequate notice of the…more

Appeals, Corporate Counsel, Employer Liability Issues, FedEx, FMLA

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Florida to Government: Your Lien Doesn't Foreclose This Old Mortgage

The Florida Supreme Court has ruled that cities cannot create ordinances that subject prior recorded mortgages to their subsequently recorded county or governmental liens, because it conflicts with Florida's state statutes on…more

Foreclosure, Liens, Local Ordinance, Mortgages, Municipalities

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CFPB Refines Mortgage Rules to Resolve Conflicts and Inconsistencies

On October 15, 2013, the Consumer Financial Protection Bureau (CFPB) issued an interim final rule and bulletin refining and making technical changes to certain provisions of its January 2013 mortgage rules. The interim rule…more

CFPB, Conflict Resolution, Consumer Bankruptcy, FDCPA, Mortgages

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Texas Supreme Court Reinforces that Subcontractors May be Liable to Property Owners

On August 22, 2014, the Texas Supreme Court ruled that both the trial court and the court of appeals improperly dismissed a property owner's claim for negligence against a subcontractor for improper plumbing installation in…more

Breach of Duty, Contractors, Duty of Care, Negligence, Property Owners

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Women's Initiative Newsletter - Issue 3, 2014

The Baker Donelson Women’s Initiative is pleased to present the latest issue of our newsletter. Our Newsletter Chairs, Jennifer Keller and Amy Mahone, have done a fantastic job and I know that you will find it useful and…more

Career Development, Client Services, Professional Development, Professional Networking, Women in the Law

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Summary of Senate Bill 2622 - Mississippi's Construction Lien Law

This is the first in a series of alerts exploring how this new law will affect your business. Look for more information regarding this law in the coming weeks. The bill has passed out of conference but it must be enrolled and…more

Construction Liens, Materialman's Lien

See All Updates »

Waive Goodbye to Confirmation Hurdle! Recent Decision from the Georgia Court of Appeals Gives Lenders an Alternate Route to Collect Post-Foreclosure Deficiency From Guarantors

By most accounts, a decision from the Georgia Court of Appeals last September represents a sea change in the law governing judicial confirmation of foreclosure sales and post-foreclosure deficiency claims. Indeed, the Court's…more

Appeals, Deficiency Judgments, Foreclosure, Guarantors, Mortgages

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Guns at Work in Tennessee, Part II: Clear as Mud?

The Tennessee legislature's enactment of Tennessee Code Annotated (TCA) 39-17-1313 (also known as the "Guns in the Trunk" legislation) has sparked wide debate among employers and employees alike regarding the interpretation of…more

Employer No-Weapons Policies, Firearms, Gun Laws

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Between the "Like" Button and a Hard Place: Understanding the Implications of Hulu's Latest Argument Against User's Privacy Allegations

Companies commonly utilize Facebook as part of their online social media advertising strategy. Companies should revisit this strategy in light of a recent finding in the Northern California U.S. District Court (In re Hulu…more

Advertising, Data Protection, Facebook, Hulu, Online Videos

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Volcker Rule Restricts Banks' Activities with Hedge Funds and Private Funds

On December 10, 2013, the Federal Reserve Board of Governors, the Federal Deposit Insurance Corporation, the Office of Comptroller of the Currency, the Securities and Exchange Commission and the Commodity Futures Trading…more

Banks, Dodd-Frank, Hedge Funds, Private Funds, Volcker Rule

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Empire State High: New York Joins Ranks of States Legalizing Medical Marijuana Use. But What Does This Mean For Employers?

New York's Compassionate Care Act, enacted on July 7, 2014, places New York in the company of 22 other states and the District of Columbia who permit the use of marijuana for medical purposes. Important for employers, the law…more

Disability, Employer Liability Issues, Employment Policies, Marijuana, Medical Marijuana

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Spotlight on Mississippi: Supreme Court Rules on Combined Group Member Tax Credits

The Mississippi Supreme Court has ruled against the Mississippi Department of Revenue (Department) in its appeal of a 2012 decision by the Harrison County Chancery Court in favor of Isle of Capri Casinos, Inc. (Isle of…more

Department of Revenue, State Taxes, Tax Credits

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Receiverships in Georgia

In addition to Georgia's relatively swift non-judicial foreclosure process, lenders with a defaulting borrower in Georgia have the option of seeking a receivership over property securing their loans. A court-appointed receiver…more

Receivership

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U.S. Supreme Court Bartlett Decision in Favor of Generic Drug Manufacturers

In a 5-4 decision, the United States Supreme Court held that state law design defect claims against manufacturers of generic pharmaceuticals are preempted by federal law when the claim hinges on the adequacy of the drug's…more

Design Defects, Drug Manufacturers, Generic Drugs, Pharmaceutical, Preemption

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Multiple Dangers of Meth Labs in Hotels

A quick Internet search sheds a bright light on the dangers to hotels if guest rooms are used for methamphetamine, or "meth," production. There are dangers related to contamination and its impact on other guests, as well as…more

Contaminated Properties, Hotels, Meth Labs, Methamphetamine, Safety Precautions

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Tennessee Court of Appeals Confirms Foreclosures Cannot Be the Basis for a TCPA Claim

On September 25, 2012, the Middle Section of the Tennessee Court of Appeals issued an opinion confirming that foreclosure proceedings cannot serve as the basis for a Tennessee Consumer Protection Act (TCPA) claim…more

Deed of Trust, Foreclosure, MERS, Mortgages, SunTrust

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Nursing Home Reporting of Reasonable Suspicion of a Crime in a Long Term Care Facility

Nursing facilities, skilled nursing facilities, hospices that provide services in long term care facilities and independent living facilities that provide services for the developmentally disabled ("facilities") are required to…more

Affordable Care Act, Elder Abuse, Elder Issues, Healthcare, Medical Liability

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New Anti-Corruption Law to Take Effect in Brazil

With the continued ongoing work to exploit the discoveries in the Lula (Tupi) field and the recently announced 2013 subsalt strike in the Campos and Santos basins off Brazil's southern coast, oil and gas exploration and…more

Anti-Bribery, Anti-Corruption, Brazil, Clean Companies Act, Compliance

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Hospitalitas Newsletter - Spring 2014

In This Issue: - Your Grandmother Doesn’t Work for Free: Volunteer and Intern Positions Under Closer Scrutiny - Excessive Celebration – Penalty Declined - Four Crisis Management Lessons from the…more

Class Action, Crisis Management, DOL, FLSA, Fourth Amendment

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Challenging the Denial of a Trademark Application in District Court Just Got More Expensive

In Shammas v. Focarino, the Eastern District of Virginia holds that an applicant must pay the government attorney's fees regardless of the applicant's success in a Section 1071(b) civil matter. …more

Applications, Attorney's Fees, Litigation Fees & Costs, Trademark Litigation, Trademark Trial and Appeal Board

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Diversity Matters: Note from the Editor - Civil Rights Act of 1964

On July 2 of this year, the Civil Rights Act of 1964 enjoyed its 50th anniversary – an appropriate time for reflection. Prior to the passage of this Act, for more than 180 years, from July 4, 1776, until July 2, 1964, it…more

Civil Rights Act, Discrimination, Rev. Dr. Martin Luther King

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Immigration Corner: Chinese EB-5 Applicants are Beginning to Form a Line, PERM Passwords, Changing Visa Fees

On Saturday, August 23, 2014, the Department of State dramatically announced that EB-5 visas (for immigrant investors) were no longer available for the remainder of the fiscal year for individuals from mainland China. This was…more

China, EB-5, PERM, Visas

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Big Win for our Florida team in U.S. Bank N.A. v. Bartram

In U.S. Bank N.A. v. Bartram, ____ So.3d ____, 2014 WL 1632138 (Fla. 5th DCA April 25, 2014), the Fifth District Court of Appeals for the State of Florida reversed a decision from the Circuit Court of St. Johns County addressing…more

Accelerated Payments, Default, Foreclosure, Mortgages, Statute of Limitations

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Featuring: Off-the-Record Mentoring

A structured, formal mentoring plan is an important part of any female professional's career path. Helping the next generation of female leaders through mentoring has been shown to be enormously helpful to both parties. However,…more

Career Development, Young Lawyers

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The U.S. Supreme Court Rejects Extraterritorial Lawsuit Against Shell Oil

The United States Supreme Court, in Kiobel v. Royal Dutch Petroleum, recently restricted the scope of the Alien Tort Statute, 28 U.S.C. § 1350 (“ATS”), a 224-year-old law often used to invoke jurisdiction in suing corporations…more

Alien Tort Statute, Extraterritoriality Rules, Human Rights, Jurisdiction, SCOTUS

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Six Months in Review: Florida Case Law

Florida has witnessed developments in three areas of mortgage foreclosure litigation already this year. The opinions offered by various courts of appeal have come at a time when litigants crave guidance more than ever, but the…more

Banks, Business Records, Foreclosure, Mortgages, Statute of Limitations

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Proper Use of Letters of Intent

The parties to purchase or lease transactions involving long term care facilities frequently sign letters of intent as a preliminary step in completing the transaction. Drafted carefully, letters of intent enhance the…more

Confidentiality, Leases, Letters of Intent, Long Term Care Facilities, Negotiations

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SEC Issues Guidance on its 2014 Examination Priorities

Each year, the SEC Office of Compliance Inspections and Examination's National Exam Program (NEP) issues a letter communicating to investors and registrants the areas that the staff perceives to present heightened risks. This…more

Compliance, Enforcement Actions, Fraud, NEP, SEC

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HHS Issues Guidance on Permitted Remuneration for Prescription Refill Reminders in the Absence of Patient Authorization

On September 19, the Health and Human Services Department (HHS) issued guidance on the effect of the January 25, 2013 Final Rule provision about remuneration related to prescription refill reminders and medication adherence…more

Compliance, HHS, HIPAA, HIPAA Omnibus Rule, Refill Reminders

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Time Saver Savvy – Helpful Tips for the Busy Professional

A colleague and I took a seminar on time management for working mothers some 20 years ago. We met each other at the hotel conference room, rushing in at the last minute just as did every other woman in attendance – approximately…more

Law Practice Management, Women in the Law, Young Lawyers

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Spotlight on Louisiana: Low Tax Cost Ranks Louisiana in Top Ten for Business

A 2012 report by KPMG and the Tax Foundation called "Location Matters: a Comparative Analysis of State Tax Costs on Business" shows Louisiana as having the tenth- lowest overall state and local tax cost for "mature businesses"…more

Business Taxes, Local Taxes, State Taxes

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Q & A: ICANN's Global Trademark Clearinghouse

The Internet Corporation for Assigned Names and Numbers (ICANN), the body tasked with coordinating and preserving global Internet stability, is embarking on its largest expansion ever of the domain name system. Last week, on…more

Domain Names, gTLD, ICANN, Registration, Trademark Clearinghouse

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Rise in misclassification suits and DOL audits quite a fright: what an employer can do to prepare

Few things are more frightening to an employer than a worker misclassification suit. Perhaps a Department of Labor audit over wage and hour issues may be just as scary. One thing is for sure: disagreements about how workers are…more

Audits, Discrimination, DOL, Enforcement Actions, Misclassification

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Supreme Court Finds NLRB Recess Appointments Invalid

In a highly anticipated decision, NLRB v. Noel Canning, the U.S. Supreme Court unanimously held yesterday that three of President Obama's recess appointments to the National Labor Relations Board (NLRB) were invalid because they…more

Canning v NLRB, NLRB, NRLA, Recess Appointments, SCOTUS

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Sound, Speed, and Distance - The Second Circuit Allows Use of SVDR Data as Evidence in Maritime Casualty

In a Summary Order dated March 13, 2014, the United States Court of Appeals for Second Circuit affirmed a summary judgment of the Southern District of New York, which ruled in favor of a vessel owner based on data of the ship's…more

Data Recovery, Evidence, Telecommunications, Vessels

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Nuisance Claims Becoming More Than a Mere Nuisance in Texas

Plaintiffs Bob and Lisa Parr obtained a $2.9 million verdict in April 2014 against Aruba Petroleum, Inc. for health problems allegedly related to oil and gas drilling operations and air emissions near their home. The large…more

Energy, Nuisance, Oil & Gas, Well Drilling

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Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Commercial Law & Contracts
  • Construction Law
  • Criminal Law
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Maritime Law
  • Mergers & Acquisitions
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Taxation
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • Alabama
  • D.C.
  • Florida
  • Georgia
  • Louisiana
  • Mississippi
  • Tennessee
  • Texas
Other Countries
  • United Kingdom
Number of Attorneys

400+ Attorneys

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